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TAVENNER v. SMOOT

No. 00-1912

257 F.3d 401 (2001)

Lynn Lewis Tavenner, Plaintiff-Appellee, v. Kenneth R. Smoot, Defendant-Appellant, and Katina Smoot, a/k/a Katina Lombardo; Cory R. Smoot; Gina Smoot; Home Check Services; Glass Apple, Incorporated, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: July 16, 2001

Attorney(s) appearing for the Case

ARGUED: Brett Alexander Zwerdling, ZWERDLING & OPPLEMAN, Richmond, Virginia, for Appellant. Dion William Hayes, MCGUIRE WOODS, L.L.P., Richmond, Virginia, for Appellee. BRIEF: John H. Maddock, III, MCGUIRE WOODS, L.L.P., Richmond, Virginia, for Appellee.

Before WILKINS and MOTZ, Circuit Judges, and Irene M. KEELEY, Chief United States District Judge for the Northern District of West Virginia, sitting by designation.

Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Wilkins and Chief Judge Keeley joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this case we must resolve whether a bankruptcy trustee can avoid a transfer of potentially exempt property on the ground that the debtor transferred the property with the intent to hinder, delay, or defraud his creditors under 11 U.S.C. § 548 (1994). For the reasons that follow, we conclude...

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